Fairfield Officials Hid Info, Made Threats: Fill Pile Prosecutor

FAIRFIELD, CT — When Fairfield’s former chief fiscal officer entered a government building the day after he was terminated and took files connected to a corruption scandal in town, his actions followed a pattern of concealment, tampering and threats by local officials, according to a state prosecutor.

Robert A. Mayer said little Tuesday in court while attorneys debated whether he should be allowed to take part in a rehabilitation program that could see his many felony charges dismissed. Mayer, 78, of New Canaan, faces 16 counts, including third-degree burglary, third-degree larceny, evidence tampering and second-degree forgery.

“The harm Mr. Mayer's actions (and inactions) have caused to the trust of our community is incalculable,” First Selectwoman Brenda Kupchick, who attended Tuesday’s court appearance along with several other town representatives, said in a letter to Judge Kevin Doyle, who oversaw the proceedings at Bridgeport’s Golden Hill Street courthouse.

Mayer’s case is of particular interest due to its connection to an ongoing and wide-ranging investigation of contamination and corruption involving the Fairfield fill pile and other sites in town, in which six former Fairfield employees and contractors are charged.

One reason Mayer's case has been delayed well over a year is that the prosecution intends next week to file additional information about the other six defendants, which may include details about conspirators who are not yet charged as such, according to Prosecutor Tamberlyn Chapman. Notes made by Mayer and included in the documentation he stole refer to contaminated waste, she said, adding his records also reference "low-quality fill" and "Julian fill." Julian Development was the contractor hired to manage the fill pile, and one of its owners is among the six charged.

“Fairfield is still trying to quantify the measurable losses to the town,” Chapman said, noting that polychlorinated biphenyls were illegally disposed of “all over town,” including at ball fields and elementary schools.

Numerous character references were among the court documents supporting Mayer’s participation in the rehabilitation program, and they included testimony from former First Selectman Mike Tetreau, retired fire department Chief Richard Felner and retired police department Chief Chris Lyddy.

“Please do not confuse the misrepresentation of town letterhead by retired Chief Chris Lyddy's letter of reference with the position of the Department, or my position on this matter,” current Chief Robert Kalamaras said in a letter to the judge. “The Fairfield Police Department's position is very clear that Mr. Mayer should be held accountable for his crimes and not be considered for accelerated rehabilitation.”

Among the files Mayer is accused of stealing in the early morning hours of Jan. 16, 2020, are town records pertaining to Julian Development and to the Penfield Pavilion project, according to court documents.

There are up to 6 feet of fill under the pavilion, which was intended to be funded by a Federal Emergency Management Agency grant, until the more than $4 million allocation was denied when the town several years ago changed its plans for the project without getting FEMA approval.

“In light of the recent denial by FEMA on the appeal for Penfield Pavilion, my administration believes there were documents contained in those files that Mr. Mayer did not want anyone in the current administration or the police to see,” Kupchick, who took office in November 2019, said in her letter.

“As my time in office continues, it is apparent to me that members of the prior administration, of which Mr. Mayer was an integral participant, created and fostered a culture of concealment regarding both the fill pile scandal and FEMA's rejection for funding of the Penfield Pavilion.”

Mayer took certain records just days after being asked to provide them to the town attorney, according to Chapman. He is also accused as early as Aug. 16, 2019, of tampering with evidence, including weight tickets and vouchers, and of forging a town voucher, court records said.

Following the arrests of two high-ranking public works officials and a contractor in mid-2019, Mayer tried to force a subordinate, Budget Director Linda Gardiner, to alter invoices that had not been properly authorized, Chapman said. Gardiner refused and instead contacted law enforcement in September of that year, according to Chapman.

“She was very afraid of threats and retaliation,” Chapman said, adding that while Gardiner was not in court Tuesday, she had agreed to testify if the case moves forward.

In response to Chapman, Mayer’s attorney argued Mayer was not charged as a conspirator in the fill pile case, none of the records taken from town offices by Mayer were originals, police never sought the documents during their years-long investigation and Gardiner’s account to law enforcement was speculation.

“This case is overcharged,” attorney Richard Meehan said.

Chapman noted the records Mayer took included pages of original handwritten notes showing officials conspired with one another and had knowledge of how certain waste material would be used.

The town's fill pile problems began in 2013, when Fairfield hired Julian Development to operate the site and reduce it by 40,000 cubic yards. Instead, the pile tripled in size over three years. Days before the agreement with Julian was set to end, contaminants were discovered on the property.

Police opened an investigation into activity at the pile in 2017. The defendants are accused, among other things, of conspiring to run an illegal dump for contaminated material, allowing fraudulent billing and illegally disposing of PCBs. Cleanup at the pile and other contaminated sites in town is expected to take years and cost millions of dollars.

“This is obviously a very complex case,” said Doyle, who set Mayer’s next court date for 2:30 p.m. Aug. 2 and requested access to Gardiner’s written statement to police as well as original documents Mayer is alleged to have stolen.

If Mayer is allowed to enter the rehabilitation program, he would be placed on an informal probation for up to two years, with additional conditions possible, such as community service. At the end of that period, if Mayer complies with the rules of the program, his case would be dismissed.